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ORD 08-23ORDINANCE NO.: 2008-23 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING THE SCHEDULE OF PENALTIES FOR LIQUOR LICENSE VIOLATIONS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7-2-13.B of the City Code is hereby amended to read as follows: B. Penalties. 1. Upon a finding that a licensee of any license granted pursuant to the City's Liquor Ordinance has failed to comply with an applicable statue, regulation or ordinance relating to alcoholic beverages the City Council may issue a civil penalty not to exceed two thousand dollars ($2,000.00) and may suspend the license for up to sixty (60) days. 2. The civil penalty and/or suspension imposed may, at the City Council's discretion, be based upon, but not to exceed, the following guidelines related to the licensee's total number of violations within the preceding two (2) year period as follows: Violation Civil Fine Suspension 1$ $1,000.00 None 2" $2,000.00 One 1 da 3 $2,000.00 Three 3 days 4 th $2,000.00 Five 5 days Vh or more $2,000.00 Seven(7) days 3. Best Practices training required by Section 7-2-13.8.2 of this Section shall be completed within sixty (60) days of the City Council's decision to impose penalties or the license shall be suspended for seven (7) days in addition to other penalties, including completion of Best Practices training. 4. Suspension of the license required by Section 7-2-13.6.2 of this Section shall be for those dates as determined by the City Council. 5. In addition to the penalties set forth above, the City Council may also act to revoke a license for non-compliance with an applicable statute, regulation or ordinance. Section 2. Section 7-3-11.13 of the City Code of the City Code is hereby amended to read as follows: B. Penalties. 1. Upon a finding that a licensee of any license granted pursuant to the City's Liquor Ordinance has failed to comply with an applicable statue, regulation or ordinance relating to alcoholic beverages the City Council may issue a civil penalty not to exceed two thousand dollars ($2,000.00) and may suspend the license for up to sixty (60) days. 2. The civil penalty and/or suspension imposed may, at the City Council's discretion, be based upon, but not to exceed, the following guidelines related to the licensee's total number of violations within the preceding two (2) year period as follows: Violation Civil Fine Suspension 1S $1,000.00 None —Or—$2,000.00 One 1 da 55r— $2,000.00 Three 3 days 4W__ $2,000.00 Five 5 days 5n or more 1 $2,000.00 Seven(7) days 3. Best Practices training required by Section 7-3-11.13.2 of this Section shall be completed within sixty (60) days of the City Council's decision to impose penalties or the license shall be suspended for seven (7) days in addition to other penalties, including completion of Best Practices training. 4. Suspension of the license required by Section 7-3-11.13.2 of this Section shall be for those dates as determined by the City Council. N 5. In addition to the penalties set forth above, the City Council may also act to revoke a license for non-compliance with an applicable statute, regulation or ordinance. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: Darkenwald SECOND BY: Thorsted ALL IN FAVOR: Darkenwald, Heidner, Scharber, Stockamp, Thorsted THOSE OPPOSED: None ADOPTED by the Otsego City Council this 8t' day of December, 2008. CITY OF OTSEGO - @ MCI, HIM 7m ATTES . J y uds n, oning Administrator/City Clerk